Atlantic Casualty Insurance Co v. Chicago Masonry Construction

POSNER, Circuit Judge.

In this diversity suit governed by Illinois law, an insurance company seeks a declaratory judgment that it has no duty to defend any of the four defendant companies listed in the caption (Prince, Paszko, Chicago Masonry, and Forest) against Robert Rybaltowski’s personal injury suit against those companies. The district court granted summary judgment in favor of Atlantic on the ground that Rybaltowski was a contractor and that therefore the insurance policy excludes coverage of the companies’ liability to him.

Atlantic issued the insurance policy to only one of the…